Inside Kenya’s Longest Inheritance Battle: Judge in Koinange Ksh30B Estate Row Wishes All Kenyans Could Write a Will

A new legal battle has broken out within the family of the late powerful politician Peter Mbiyu Koinange over a prime piece of land in Nairobi’s Central Business District, valued at Ksh2.4 billion.

His widow, Margaret Njeri, and daughter, Lennah Catherine, have taken legal action against fellow widow Eddah Wanjiru and her daughter Fiona Mbiyu, accusing them of mishandling the property and placing it at risk of being sold due to unpaid county rates.

Njeri and Catherine claim that Nairobi County is on the verge of auctioning the land to recover over Ksh40 million in accrued land rates. They argue that the property belongs to Koinange Investments Development Ltd, a company founded and controlled by the late Mbiyu Koinange.

In their filing before the Civil Court, they explain that Koinange was both the director and majority shareholder of the firm, holding 32,000 shares, which form part of his estate.

The two women further told the court that the High Court had previously ordered Eddah Wanjiru to provide a full account of the income collected from the property over the past two decades, suggesting a long-running family dispute over the management and proceeds of the estate.

Margaret Njeri and her daughter Lennah Catherine have accused Eddah Wanjiru of defying court orders by failing to account for the revenue collected from the disputed Nairobi CBD property, despite being directed to do so years ago.

They told the court that Ksh41 million in county rates had accrued as of February 27, 2025, along with over Ksh60 million in unpaid land rent, putting the Ksh2.4 billion property at risk of being auctioned. The duo revealed they had already received an official auction notice, warning that the estate could lose one of its most valuable assets.

Parking Revenue, Missing Millions, and Allegations of Concealment

Eddah Wanjiru, one of the four widows of former Cabinet Minister Mbiyu Koinange, exits the High Court in Nakuru after a court session on February 25, 2013. PHOTO | FILE

According to Njeri and Catherine, the property’s parking lot alone generates at least Ksh5 million each month, suggesting that the total income from the premises is more than enough to cover taxes, rates, and fairly benefit all heirs. They claimed that Eddah Wanjiru has withheld over Ksh1.2 billion, further deepening the conflict over the estate’s management.

“This revenue is more than sufficient to cover land rates, rent, KRA taxes, and to be fairly distributed among the beneficiaries,” they argued in their court documents.

The two have also called on the court to strike out the name of Mbiyu Koinange’s eldest son, David Njunu, from the company’s CR12, the official document listing company directors and shareholders. They claim that the High Court had previously found Njunu mentally unfit to execute documents, meaning any paperwork bearing his signature should instead have been signed by the registrar of the court.

They allege that Njunu was illegally added to the company’s records, raising concerns about potential manipulation of the estate’s official documentation. The court battle adds yet another twist to the long-standing dispute over the management and division of the late politician’s sprawling estate.

The Never-Ending War: 44 Years of Legal Wrangling

The land dispute in Nairobi’s Central Business District is just the latest chapter in a 44-year legal war over the vast Ksh30 billion estate left behind by the late Cabinet minister.

Koinange, a prominent figure from Kiambu County, died on September 3, 1981, leaving behind not just a significant political legacy but also an expansive fortune and no written Will. A senior figure in President Jomo Kenyatta’s government for 16 years, and later a minister under President Daniel arap Moi, Koinange was known for his influence, academic credentials, and immense wealth.

His polygamous lifestyle and lack of a will left behind a tangled web of claims and counterclaims over his fortune. Since his death, disputes among his widows, children, and other relatives have dominated courtrooms, with no final resolution in sight. The Nairobi property at the heart of the latest court battle is just one of the many assets in contention.

The legal fight has become one of Kenya’s longest-running succession cases, cycling through virtually every level of the country’s judiciary. Justice Eric Ogola became the 26th judge to handle the matter when he issued orders for the distribution of Koinange’s estate.

According to court records, almost every judge in the High Court and Court of Appeal, aside from those most recently appointed, has touched the case at some point.

Even judges who have since retired or were removed by the Judges and Magistrates Vetting Board had, at one time or another, presided over parts of the inheritance battle. The case has now become symbolic of Kenya’s broader struggles with inheritance disputes, polygamous family dynamics, and succession law delays especially when vast wealth is involved.

‘Classical Theatre of the Absurd’

At one point, even Chief Justice Martha Koome, then serving as a High Court judge, presided over the case. In her candid ruling dated January 28, 2005, she likened the drawn-out dispute among Koinange’s family and their legal teams to a theatre of the absurd.

“I am sorry to state that going through this court file, and the tactics employed by the parties and their advocates, the case can only be likened to the classical theatre of the absurd,” Justice Koome remarked in her ruling.

She further lamented the endless delays:

“It is a shame that 24 years after the death, there seems to be no end in sight. Numerous applications and consent orders have been recorded but very little progress has been made towards the distribution of the estate to the beneficiaries.”

Dozens of Cases, One Estate: The Legal Complexity

The Koinange succession case stands out not only for its longevity but also for its sheer complexity with over 50 parallel cases filed since the first succession suit (No. 527 of 1981) was lodged in court shortly after Koinange’s death.

For the Koinange family, the court corridors have become almost a second home. Generations of lawyers, judges, and clerks have come and gone, yet the estate remains entangled in legal wrangles.

On top of the new land dispute in Nairobi, another ongoing case involves a battle between lawyer Mwenda Njagi and David Njunu, Koinange’s eldest son, over Ksh500 million in legal fees, further complicating the resolution of the already fractured estate.

Justice Eric Ogola, the latest judge to tackle the four-decade-long Koinange succession battle, has issued firm directives in a bid to finally resolve the dispute surrounding the multi-billion-shilling estate.

In his 44-page ruling, Justice Ogola ordered the estate’s administrators to open a joint account where funds held by the Unclaimed Financial Assets Authority (UFAA) will be transferred. He ruled that the money must be used to settle the estate’s existing liabilities, bringing much-needed structure to a saga that has dragged through Kenya’s court system for 44 years.

Justice Ogola noted that any attempts to review or delay his judgment would only prolong the stalemate and defeat the very purpose of succession laws. He stated that if any party was dissatisfied with the ruling, their next step should be the Court of Appeal, not further delays in the High Court.

The Contested Closeburn Estate: Land, Lies, and Lawsuits

Among the major sticking points in the case is the Closeburn Estate, a vast property whose size and subdivision have long been contested. At the time of Koinange’s death in 1981, the land measured 640.25 acres. However, records show that over time:

  • 291 acres were sold to the Aga Khan Group,
  • 100 acres to Centum Ltd, and
  • 3 acres to the Karura Community Chapel Registered Trustees.

Despite these transactions, there’s no consensus on what remains. Justice Ogola directed the administrators to file a detailed surveyor’s report to establish the actual status of the land.

All Children, Equal Rights: No Favoritism Based on Gender

In line with a previous ruling by Justice Aggrey Muchelule (now serving in the Court of Appeal), Justice Ogola reaffirmed that Koinange’s estate should be divided among 12 individual beneficiaries, rather than along the lines of the deceased’s polygamous households.

Justice Muchelule had earlier dismissed the argument made by some of Koinange’s sons that male heirs deserved a larger share than their sisters. He ruled unequivocally that all children regardless of gender have equal inheritance rights under the law.

A Lesson for Kenya: Write a Will

In a deeply reflective part of his ruling, Justice Muchelule also called out the recurring pattern in high-profile succession cases involving wealthy, polygamous Kenyans who die intestate without leaving a Will.

“What is not appreciated is that most of the cases involving rich polygamous Kenyans who die intestate have followed a similar pattern: lengthy and complicated litigation, attracting many advocates, and less intention on the part of the parties to bring the matter to an end,” he observed.

He urged Kenyans to normalize writing Wills as a responsible part of life planning:

“One wishes that all Kenyans can get into the habit of planning their lives, and especially thinking about what will happen to their families and properties upon their death.  It is not too much to ask that the planning be by way of writing Wills.”

As the Koinange succession saga inches toward what could be its final chapter, the courts are sending a clear message: inheritance chaos is avoidable and writing a Will is the first step.